An annex to the employment contract is a legal instrument that changes the working conditions established in the original contract. It is regulated by Articles 171-174 of the Labor Law (“Official Gazette of RS”), and in practice it is one of the most frequently contested documents in Serbian labor law. Employees often do not know whether they are required to sign, what it means if they refuse, or when the annex offered to them is even legal. In the simplest terms, an annex is an addition to a contract. This guide provides answers with the correct legal framework and examples from case law.
What is the annex to the employment contract and when is the employer obliged to offer it to the employee?
The Labor Law prescribes six legal bases on which the employer can offer an annex to the employment contract (Art. 171, paragraph 1):
- Transfer to another suitable job, due to the needs of the organization and the work process
- Transfer to another place of work with the same employer
- Referral to a suitable job at another employer
- Ensuring rights in case of redundancy
- Change of contract elements (earnings)
- Other cases determined by law, general act or employment contract.
According to the new law, the annex to the employment contract is mandatory if there is a legal basis for changing the contract. Any change to working conditions without an annex and prescribed notice is illegal. When the employee himself proposes a change (for example, switching to work from home), the procedure from Art. 172 does not apply (Art. 172a paragraph 3) and an agreed annex is sufficient.
Overview of the legal bases for the annex to the employment contract:
| The reason for the annex | Legal basis | A key limitation |
| Transfer to another job | Art. 171, paragraph 1, item 1 | Only suitable work: same type and degree of professional education |
| Transfer to another place of work | Art. 171 st. 1 point. 2, art. 173 | Up to 50 km without consent; further only with the consent of the employee |
| Referral to another employer | Art. 171 st. 1 point. 3, art. 174 | For a maximum of one year; longer only with the consent of the employee |
| Redundancy of employees | Art. 171, paragraph 1, item 4 | The annex must be offered before the cancellation decision |
| Changing elements of earnings | Art. 171, paragraph 1, item 5 | Earnings must not fall below the minimum wage |
| Other legal cases | Art. 171, paragraph 1, item 6 | Rejection of this annex cannot be a reason for dismissal under Art. 179 |
Reasons for the annex to the employment contract – all cases from practice
The Labor Law recognizes several situations in which the employer must offer an annex to the employment contract. All the cases that occur most often in practice are discussed below.
Annex to the employment contract due to a change of workplace
The annex to the employment contract due to a change of workplace is the most common in practice. The key condition is that the new workplace be “appropriate“, which the law defines as a job that requires the same type and level of professional education (Art. 171, paragraph 2). The Supreme Court confirmed in the judgment Rev2 3110/2020 that even the same degree, but a different profession, does not meet that requirement.
An example of an annex to a work contract for a change of workplace must specifically state the new workplace, job description and effective date, with reference to Art. 171 st. 1 point. 1 of the Labor Law. Without that, even a formally signed document can be challenged in court.
Annex to the employment contract for salary change and minimum salary
An annex to the employment contract for salary changes is required every time the salary elements of the contract are changed, including the basic salary, coefficient, allowances or increased salary. As of January 1, 2026, the minimum labor price is 371 dinars net per working hour.
The annex to the employment contract for the minimum salary must be offered within the deadline, and the salary must not fall below the legal minimum on any basis. An annex to the employment contract for salary reduction is legal only with a justified reason and an implemented procedure; otherwise it is substantively illegal (Rev2 1657/2023).
The annex to the labor contract, in the case when the price of labor changes, is not mandatory if the original contract provides for a variable formula, but it is if the salary is expressed as a fixed amount that would fall below the new minimum.
Annex to the fixed-term employment contract and extension of the contract
The annex to the fixed-term employment contract is used to extend the employment relationship before the end of the term. The total duration, including all extensions, cannot exceed 24 months (Art. 37).
The example of the annex to the employment contract for the extension of the employment relationship must indicate the new expiration date and must not exceed the legal maximum, because otherwise the employment relationship is automatically transformed into a contract for an indefinite period. An annex to the employment contract for the extension of the contract without written notice and a prescribed period is also procedurally illegal.
Annex to the employment contract for working from home, maternity leave and supplementary work
The annex to the work contract for working from home is mandatory when moving to work outside the employer’s premises and according to Art. 42 must contain the type of work, conditions of supervision, equipment, reimbursement of expenses and security measures.
The annex to the employment contract for maternity leave is resolved by Art. 187: during pregnancy and leave to care for a child, dismissal is prohibited, and a fixed-term contract is extended until the end of the leave.
The annex to the employment contract for the change of seat does not require a formal procedure if the actual place of work of the employee does not change (Art. 172a paragraph 4). The annex to the supplementary work contract is not a work contract according to Art. 171–174, because additional work is regulated by a special contract under Art. 202, with a limit of one third of full time.
Offer for an annex to the employment contract – procedure, deadlines and consequences
The offer for an annex to the employment contract must not be oral. Article 172 of the Labor Law stipulates that a written notice containing three mandatory elements must be submitted with each annex:
- Specific reasons for amending the contract, because referring only to the law is not enough (Rev2 632/2017, Rev2 500/2020)
- The deadline for making a statement, which must not be shorter than 8 working days
- Legal consequences in case of rejection of the annex to the employment contract
An offer with an annex to the employment contract that does not contain all three elements makes the entire procedure procedurally illegal. The notification with the annex to the employment contract and the offer with the annex are essentially the same document, i.e. a separate attachment submitted with each annex from Art. 171 st. 1 point. 1–5. If the employee does not respond within the deadline, he is considered to have refused.
An employee who signs the annex can challenge it in court within 60 days; an employee who refuses is exposed to possible dismissal according to art. 179 st. 5 point 2, but then he can challenge the legality of the annex and cancellation in one court proceeding.
The right of employees to defend themselves against illegal annexations exists on paper, but in practice it is difficult to achieve without legal assistance. Lawyers ZAK Đurić and associates analyze the legality of the annex before signing, prepare objections and represent clients in labor disputes. For a specific legal opinion on the annex you received, contact us.
Annex to the employment contract – form and mandatory elements
Each annex to the employment contract must contain the following elements, regardless of the reason for the change:
- Identification of the contracting parties: name and headquarters of the employer, name and JMBG of the employee
- Reference to the parent employment contract (number and date)
- Exact indication of which provision is being changed and how the new wording reads
- Legal basis from the Labor Law (exact article number and paragraph)
- Date of entry into force of the annex
- Clause that all other provisions remain unchanged
- Signatures of both parties in duplicate
The employment contract annex form and model found online can serve as a starting point, but must be adapted to the specific situation. Also, the example of the annex to the employment contract for salary change that does not specify the exact new amount or coefficient is invalid, and in the opinion of the Ministry of Labor (011-00-513/2016-02/1) the annex cannot have retroactive effect.
According to Art. 172a st. 5, the contract with all annexes can be replaced by a refined text signed by both parties.
Illegal annex to the employment contract – how to recognize it and what to do
An illegal annex to the employment contract arises when the material or procedural conditions of legality are violated. The table below shows the most common errors and their consequences:
| A type of illegality | The most common examples from practice | Legal consequence |
| Material | Transfer to an inappropriate workplace (Rev2 3110/2020); fictitious reorganization (Rev2 2374/2022); earnings below the minimum; move more than 50 km without consent | The annex is materially illegal; the court can annul it |
| Procedural | Without written notice (Rev2 598/2015); non-specific reasons (Rev2 632/2017); term under 8 working days; oral offer | The annex is procedurally illegal; as a result, the dismissal may be annulled |
An employee who believes that he has received an illegal annex to the employment contract has two options.
First: sign a written reservation of rights and start a court case within 60 days.
The second: reject the annex and challenge the legality of the eventual cancellation that follows, including the legality of the annex itself as a preliminary issue. The labor inspection can point out procedural errors to the employer, but only the court can cancel the illegal annex.
If you have received an attachment that you believe is illegal, reaction time is invaluable. Court deadlines are short and once missed they cannot be made up. ZAK Đurić et al. provides professional assistance in labor disputes: from assessment of the legality of annexes to representation in court. Schedule a consultation.
Annex to the contract on work in education and the public sector
The annex to the employment contract in education is regulated by the Law on Employees in Public Services and the Law on the Basics of the Education System as lex specialis, while the Labor Law applies only in matters not regulated by those two laws.
The key difference is that a fixed-term contract in education is not automatically transformed into a permanent contract after 24 months, because the rule from Art. 37 st. 4 ZoR does not apply to public services.
Earnings are regulated by a coefficient system, and the example of the annex to the employment contract for the extension of the employment relationship in education must be in writing with all legal elements.
A special collective agreement for employees in education may stipulate different rules for certain categories of annexes, so it is always necessary to check the valid collective agreement before signing.
One document, lasting consequences – protect your labor rights in time
The annex to the employment contract is drastically more than a mere administrative formality, because each signed or rejected annex carries legal consequences that can permanently affect your employment rights.
Before making a decision, check the legal basis, procedure, terms and content of the offer.
And if you have a dilemma about the employment contract or the annex you received, ZAK Đurić and Associates is available for an expert assessment in the field of labor law.
Frequently Asked Questions
Am I obliged to sign the annex to the employment contract?
The employee is not obliged to sign the annex to the employment contract, but the rejection of the annex from Art. 171 st. 1 point. 1–5 may be a legal reason for dismissal under Art. 179 st. 5 point 2 of the Labor Law. Rejection of the annex based on point 6 of that article cannot be a reason for dismissal.
How much time do I have to express my opinion on the proposed annex?
The Labor Law prescribes a minimum period of 8 working days from the submission of the written offer for the annex to the employment contract. If the employee does not declare himself within that period, he is considered to have rejected the offer (Art. 172 paragraph 4).
What happens if I refuse the annex to the employment contract?
If the employee rejects the annex on legal grounds (Art. 171 paragraph 1 items 1-5), the employer can issue a decision on the termination of the employment contract under Art. 179 st. 5 point 2. The employee then has the right to contest both the legality of the dismissal and the legality of the annex itself as a previous issue in court proceedings.
Can the employer reduce the salary with an annex?
The employer can, by annexing the employment contract, reduce the salary only with a legal reason and the implemented procedure from Art. 172 of the Labor Law. Under no circumstances should the salary be reduced below the applicable minimum labor price, which as of January 2026 is 371 dinars net per working hour.
Can the annex to the employment contract have retroactive effect?
According to the opinion of the Ministry of Labor (No. 011-00-513/2016-02/1), the annex to the employment contract cannot have retroactive effect. Changes to the terms of employment shall take effect from the date specified in the annex, not earlier.
